Fox and Friends played an audio clip of a Bureau of Land Management (BLM) special agent, who maintained that federal agents respect the Constitution and "understand free speech." He argued that the BLM was trying to avoid conflict, noting that some of the protesters were "holding rocks above their heads to throw at police officers."

Napolitano recalled that he was shocked to see that BLM agents were armed.

"The BLM is not a military or a law enforcement entity. I was shocked to see that they even have troops, dressed in camouflage and with M16's. It really looked like they were fighting a war against a foreign invader rather than enforcing a judgment against an American," said Napolitano, adding that the federal government cannot claim to have been respecting the First Amendment in this case.

He highlighted the fact that the armed troops cordoned off a small area for protesters to congregate, threatening them with arrest if they left that area. Napolitano said this was an "interference" with the constitutional rights of the protesters to express criticism of the government.

Watch the full discussion above and check back daily on Fox News Insider for all of Judge Nap's analysis!

Fox News contributor Andrew McCarthy said Wednesday on "Outnumbered Overtime" that a report claiming President Trump asked if a U.S. attorney could lead the probe into Michael Cohen despite his recusal is "all wind and no rain."